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City of North Miami Beach
17011 NE 19 Avenue
North Miami Beach, FL 33162
305-947-7581
www.citynmb.com


MEMORANDUM

 
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TO:

Mayor and City Commission

FROM: Esmond K. Scott, City Manager
VIA:
DATE: Thursday, March 5, 2020
RE: Resolution No. R2020-19 Agreement for City Attorney - Professional Legal Services
BACKGROUND ANALYSIS:

At the direction of the Mayor and City Commission, the City of North Miami Beach (“City”) issued Request for Qualifications No. 19-094-DR (“RFQ”) for City Attorney – Professional Legal Services.

 

On February 25, 2020,  the Mayor and City Commission approved Resolution No. R2020-18 and the ranking of the respondents and authorized the City Manager to negotiate with Weiss Serota Helfman Cole & Bierman, P.L. and, if the negotiations were successful, present an agreement for the City Commission’s consideration and approval.

 

Weiss Serota will perform legal services for the City, as its City Attorney as detailed in the attached Engagement Agreement (Exhibit “A”).

 

For the flat fee monthly representation, services will include handling the City’s day-to-day legal matters which all legal matters including sunshine rules, public records, and ethics to procurement and contracts, planning and zoning, code enforcement, police matters, and public works and utilities, legislative matters, and preparation of Commission items. The flat fee monthly representation will not include litigation, labor and employment, real estate, public private partnerships, municipal bonds and other complex financial matters, construction, eminent domain, special environmental matters and other special projects.  Such matters will be billed on a monthly basis at a hourly rate.

 

Weiss Serota will maintain a regular presence at City Hall five days per week, providing regular latitude for absences, sickness, unavoidable conflicts, or circumstances beyond our control. They will attend all Regular, Special, Planning and Zoning, Code, PUC, and Civil Service Board meetings, and participate in routine meetings with staff and tasks associated with the regular operation of the City.

 

The term of the City Attorney shall commence as of March 6, 2020 and shall remain in full force and effect until such time as the agreement is terminated as provided for or modified by mutual written consent of both parties.

 

The agreement may be terminated at any time upon written notice following a majority decision of the City Commission as outlined in the engagement agreement. Other than fees for work already performed, there will be no termination or penalty fees associated with the termination of the agreement.

RECOMMENDATION:

The City Manager recommends award of the RFQ to Weiss Serota Helfman Cole & Bierman, P.L. in accordance with the RFQ and Exhibit A, and to engage Weiss Serota Helfman Cole & Bierman, P.L., for budgeted expenditures for City Attorney – Professional Legal Services in accordance with terms, conditions and purposes of the RFQ and the Engagement Agreement.

FISCAL/BUDGETARY IMPACT:

The FY 20 expenditure as approved in the budget appropriation process.

 
ATTACHMENTS:
R2020-19 Agreement for City Attorney- Professional Legal Services
Engagement Agreement with NMB (Finsl)